Us Code § 14104 - Household goods carrier operations
Full text of Us Code United States Code § 14104 — Household goods carrier operations, with citation guidance and answers to common questions.
§ 14104. Household goods carrier operations
(a)
(1)
(2)
(A)
(B)
(i) the level of performance that can be achieved by a well-managed motor carrier transporting household goods;
(ii) the degree of harm to individual shippers which could result from a violation of the regulation;
(iii) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;
(iv) service requirements of the carriers;
(v) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and
(vi) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.
(3)
(b)
(1)
(A)
(B)
(C)
(i)
(ii)
(iii)
(2)
(3)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 891; amended Pub. L. 109–59, title IV, §4205, Aug. 10, 2005, 119 Stat. 1753.)
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 11110 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (b). Pub. L. 109–59 added pars. (1) and (2), redesignated former par. (2) as (3), and struck out heading and text of former par. (1). Text read as follows: "Every motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135, upon request of a prospective shipper, may provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Secretary shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services."
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
Amendments to Regulations Relating to Transportation of Household Goods in Interstate Commerce
Pub. L. 117–58, div. B, title III, §23013, Nov. 15, 2021, 135 Stat. 772, provided that:
"(a)
"(1)
"(2)
"(A) engaged in the interstate transportation of household goods; and
"(B) subject to the requirements of part 375 of title 49, Code of Federal Regulations (as in effect on the effective date of any amendments made pursuant to the notice of proposed rulemaking issued under subsection (b)).
"(b)
"(c)
"(1) Section 375.207(b) to require each covered carrier to include on the website of the covered carrier a link—
"(A) to the publication of the Administration entitled 'Ready to Move–Tips for a Successful Interstate Move' and numbered ESA–03–005 on the website of the Administration; or
"(B) to a copy of the publication referred to in subparagraph (A) on the website of the covered carrier.
"(2) Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each individual shipper, together with any written estimate provided to the shipper, a copy of the publication described in appendix A of part 375 of that title, entitled 'Your Rights and Responsibilities When You Move' and numbered ESA–03–006 (or a successor publication), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing that publication.
"(3) Section 375.213 to repeal subsection (e) of that section.
"(4) Section 375.401(a) to require each covered carrier—
"(A) to conduct a visual survey of the household goods to be transported by the covered carrier—
"(i) in person; or
"(ii) virtually, using—
"(I) a remote camera; or
"(II) another appropriate technology;
"(B) to offer a visual survey described in subparagraph (A) for all household goods shipments, regardless of the distance between—
"(i) the location of the household goods; and
"(ii) the location of the agent of the covered carrier preparing the estimate; and
"(C) to provide to each shipper a copy of the publication of the Administration entitled 'Ready to Move–Tips for a Successful Interstate Move' and numbered ESA–03–005 on receipt from the shipper of a request to schedule, or a waiver of, a visual survey offered under subparagraph (B).
"(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 375.405(b)(7)(ii), and subpart D of appendix A of part 375, to require that, in any case in which a shipper tenders any additional item or requests any additional service prior to loading a shipment, the affected covered carrier shall—
"(A) prepare a new estimate; and
"(B) maintain a record of the date, time, and manner in which the new estimate was accepted by the shipper.
"(6) Section 375.501(a), to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to provide the information described in paragraphs (1) through (15) of that section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment.
"(7) Subpart H of part 375, to replace the replace the terms 'freight bill' and 'expense bill' with the term 'invoice'."
Study of Enforcement of Consumer Protection Rules in Household Goods Moving Industry
Pub. L. 106–159, title II, §209(c), Dec. 9, 1999, 113 Stat. 1764, provided that: "The Comptroller General shall conduct a study of the effectiveness of the Department of Transportation's enforcement of household goods consumer protection rules under title 49, United States Code. The study shall also include a review of other potential methods of enforcing such rules, including allowing States to enforce such rules."
SUBCHAPTER II—REPORTS AND RECORDS
About This Section
49 U.S.C. § 14104 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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